4508_NOD_20220310

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
March 10, 2022
CERTIFIED MAIL 70210350 0000 1637 8029
RETURN RECEIPT REQUESTED
Jared Breneman
Garbage Pal, LLC
145 Brickton Dr
Fletcher, NC 28732
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Garbage Pal, LLC Treatment & Processing Facility
4508-TP-2020
Henderson County
Dear Mr. Breneman:
On March 4, 2022, Lee Hill, representing the State of North Carolina, Division of Waste Management Solid Waste
Section (Section), inspected the above referenced facility for compliance with North Carolina solid waste statutes
and rules. Jared Breneman was present and represented Garbage Pal, LLC during this inspection. The following
violations were noted:
A. 15A NCAC 13B .0203(d): states "By receiving solid waste at a permitted facility, the permittee
shall be considered by the Department to have accepted the conditions of the permit and shall
comply with the conditions of the permit." The Permit to Operate, Part IV: Transfer
Station/Treatment & Processing Unit(s), 20 (b) states "Waste must only be deposited on a
"tipping floor" or directly into a transfer container. Waste must not be stored on the "tipping floor"
after operating hours."
On the morning of March 4, 2022 at 6:35 am, a pre -operational inspection of the treatment and
processing facility was conducted to ensure that all waste was being removed from the tipping floor
as required bythe Permitto Operate, Part IV: Transfer Station/Treatment& Processing Unit(s), 20(b).
During the inspection, construction and demolition material consisting of dimensional lumber,
engineered wood and pallets was observed on the northeast side of the tipping floor that had been
left there from the previous operational day. Waste was also observed pushed up against the wall
with machinery on the southwest corner of the tipping floor.
B. 15A NCAC 13B .0203(d): states "By receiving solid waste at a permitted facility, the permittee
shall be considered by the Department to have accepted the conditions of the permit and shall
comply with the conditions of the permit." The Approved Operations Plan (FID 1595832), Section
3.1, states in part... "all wastes will be removed from the tipping floor and placed into the
appropriate container by the end of each operating day."
On the morning of March 4, 2022 at 6:35 am, a pre -operational inspection of the treatment and
processing facility was conducted to ensure that all waste was being removed from the tippingfloor
at the end of each operational day as required by the Approved Operations Plan (FID 1595832),
Section 3.1. During the inspection, construction and demolition material consisting of dimensional
lumber, engineered wood and pallets was observed on the northeast side of the tipping floor that
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� North Carolina Department of Environmental Quality I Division of Waste Management
2090 US Highway 701 Swannanoa, North Carolina 28711-8211
Dnvem .l NW-U. o.nm 828.296.4500

Jared Breneman
Garbage Pal, LLC Treatment & Processing Facility
Notice of Deficiency
Page 2 of 2
March 10, 2022
had been leftthere from the previous operational day. Waste was also observed pushed up against
the wall with machinery on the southwest corner of the tipping floor.
The above violations may have or can compromise the facility's ability to ensure protection of the public health
and the environment and thus require remedial action on behalf of the facility in order to maintain compliance
with 15A NCAC 13B .0203(d). Based upon the foregoing, Garbage Pal, LLC shall come into compliance
immediately with all requirements of the regulations in 15A NCAC 13B .0203(d) by completing the following at
the Garbage Pal, LLC Treatment and Processing Facility:
To correct the violation, Garbage Pal, LLC must remove all waste from the tipping floor and ensure waste is not
stored on the tipping floor after operational hours as required by the Approved Operations Plan (FID 1595832),
Section 3.1. and the Permit to Operate, Part IV: Transfer Station/Treatment & Processing Unit(s), 2O(b).
The violations listed above were observed by Section staff and require action on behalf of the facility in order to
come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements applicable to
this facility. Be advised that pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day
may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or Order under
Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may
also be subject to enforcement actions including penalties, injunction from operation of a solid waste
management facility or a solid waste collection service and any such further relief as may be necessary to achieve
compliance with the North Carolina Solid Waste Management Act and Rules.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up
inspection to verify that the operator has completed the requirements of this Notice of Deficiency.
If you have any questions, please contact me at 828-296-4700 or e-mail [e-mail].
Sincerely,
n=Lee Hill, o=Solid Waste
Section, _=Field
Umarations Branch.
,i,L�/^K////// i=[e-mail],
-US
2022.03.10 07:25:08-05'00'
2021.011.20039
Lee Hill
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer
North Carolina Department of Environmental Quality I Division of Waste Management
2090 US Highway 701 Swannanoa, North Carolina 28711-8211
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o..,, 828.296.4500